Common use of Financial Close Clause in Contracts

Financial Close. 21.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 (one hundred and twenty) days from the date of this Agreement. In the event of delay in achieving the Financial Close, the Concessionaire shall be entitled to a further period not exceeding 90 (ninety) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 (one hundred and twenty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 The 22.1.1 Notwithstanding anything to the contrary contained in this Agreement, the Concessionaire hereby agrees and undertakes covenants with Authority that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this AgreementEffective Date. In If the event of delay in achieving Concessionaire shall fail to achieve Financial Close within the Financial Closesaid 180 (one hundred eighty) days period, the Concessionaire shall be entitled to a further period not exceeding of 90 (ninety) days, days subject to an advance weekly payment by the Concessionaire to Authority of Damages to the Authority in a sum calculated at the rate of equal to 0.05% (zero point zero five per cent) of the Performance Security per day for each any delay beyond the said 180 (one hundred eighty) day period, as Damages on account of delay, provided such delay in achieving Financial Close within the said 180 (one hundred eighty) day period by the Concessionaire. Provided that the Damages specified herein shall be payable every week day in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.34.2. 21.1.2 22.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 22.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close Close, for and in respect of debt equal to at least 35% (thirty five per cent) of the Total Project Cost, within 120 a period 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 (ninety) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 22.1.2 The Concessionaire shall, shall upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (threeClose ,3(three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three3(three ) soft copies of the Financial Model in MS Excel version or any substitute thereof, thereof ,which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 60 (one hundred and twentysixty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire shall it shall, be entitled to a further period not exceeding 90 30 (ninetythirty) days, subject to payment of Damages to the Authority MSRDC in a sum calculated at the rate of 0.050.1% (zero Zero point zero five one per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 60 (one hundred and twentysixty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial financial Close has occurred solely as a result of any default or delay by the Authority MSRDC in procuring satisfaction of the Conditions Condition Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 24.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority MSRDC forthwith, and shall have provided to the AuthorityMSRDC, at least 2 (two) days prior to the Financial CloseAppointed Date, 3 (three) true copies of the Financial Package package and the Financial Model, duly attested by a Director director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior LendersLeaders.

Financial Close. 21.1.1 25.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 (one hundred and twenty) days days21 from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 (ninety) days, subject to payment of Damages to the Authority [in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, ]; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 (one hundred and twenty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.34.2.1. 21.1.2 25.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 ‌ 22.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 6 (one hundred and twentysix) days months from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 30 (ninetythirty) days, subject to payment of Damages to the Authority Lead ULB in a sum calculated at the rate of 0.050.2% (zero point zero five two per cent) of the Construction Performance Security for each day of delay, or for a further period not exceeding 100 (one hundred) days, subject to payment of Damages specified in Clause 4.2; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 6 (one hundred and twentysix) days months shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority Participating ULBs in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3.4.2.‌ 21.1.2 22.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and Close shall have provided to the AuthorityLead ULB, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 5.23.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 17 (one hundred and twentyseventeen) days from the date of this Agreement. In the event of delay in achieving the Financial Close, the Concessionaire LoA. It shall be entitled to a further period not exceeding 90 30 (ninetythirty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Performance Security for each day week of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 30 (one hundred and twentythirty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 5.23.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Closeclose, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 22.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close Close, for and in respect of debt equal to at least 35% (thirty five per cent) of the Total Project Cost, within 120 (one a period 180(one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 (ninety) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 22.1.2 The Concessionaire shall, shall upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (threeClose ,3(three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three3(three ) soft copies of the Financial Model in MS Excel version or any substitute thereof, thereof ,which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 30 (ninetythirty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Performance Security for each day of delay, ,; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 24.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders. 24.1.3 In case Financial Close is not achieved due to the requirement of environment clearance for the Project from Ministry of Environment and Forest (MoEF), the Concessionaire shall inform the Authority/ TNRDC by way of notice.

Financial Close. 21.1.1 a. The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this Agreement. In the event of delay in achieving the Financial Close, the Concessionaire shall be entitled to a further period not exceeding 90 60 (ninetysixty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per centpercent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 4.1.(b) or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 b. The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and Close shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) a soft copies copy of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 23.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 90 (one hundred and twentyninety) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 of 60 (ninetysixty) days, subject to payment of Damages to the Concessioning Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Performance Security for each day of delaydelay with a limit of maximum up to 10% of the Performance Security, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 90 (one hundred and twentyninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority Government in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 23.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Concessioning Authority forthwith, and shall have provided to the Concessioning Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 25.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this Agreement. In Execution Date and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 185 (ninetyone hundred eighty five) days, subject to payment of Damages damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, delay subject to a maximum of 10 (Ten) % of the amount of the Performance Security; provided that the Damages damages specified herein shall be payable every week in advance and the period beyond the said 120 185 (one hundred and twentyeighty five) days shall be granted only to the extent of Damages damages so paid; provided further that no Damages damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages damages payable hereunder by the Concessionaire shall be in addition to the Damagesdamages, if any, due and payable under the provisions of Clause 4.34.2.2. 21.1.2 25.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 185 (ninetyone hundred and eighty five) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 24.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 90 (one hundred and twentyninety) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 60 (ninetysixty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 90 (one hundred and twentyninety) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 24.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 22.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close Close, for and in respect of debt equal to at least 56% (fifty six per cent) of the Project Cost, within 120 a period 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 (ninety) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 22.1.2 The Concessionaire shall, shall upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three3(three ) soft copies of the Financial Model in MS Excel version or any substitute thereof, thereof ,which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 18.1.1 The concessionaire shall at its cost, expenses and risk make such a financing arrangement as would be necessary to finance the cost of the project to meet project requirements and other obligations under this Agreement, in a timely manner. 18.1.2 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close Close, within 120 a period of 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 185 (ninetyone hundred and eighty five) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.05% (zero point zero five per cent) of the Performance Security for each day of delay, ; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 5.1.3 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.34.12. 21.1.2 18.1.3 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 02 (two) days prior to the Financial Close, 3 03 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 03 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.

Financial Close. 21.1.1 24.1.1 The Concessionaire hereby agrees and undertakes that it shall achieve Financial Close within 120 180 (one hundred and twentyeighty) days from the date of this Agreement. In Agreement and in the event of delay in achieving the Financial Closedelay, the Concessionaire it shall be entitled to a further period not exceeding 90 30 (ninetythirty) days, subject to payment of Damages to the Authority in a sum calculated at the rate of 0.050.1% (zero point zero five one per cent) of the Performance Security for each day of delay, or for a further period not exceeding 30 (thirty) days, subject to payment of Damages specified in Clause 4.3; provided that the Damages specified herein shall be payable every week in advance and the period beyond the said 120 180 (one hundred and twentyeighty) days shall be granted only to the extent of Damages so paid; provided further that no Damages shall be payable if such delay in Financial Close has occurred solely as a result of any default or delay by the Authority in procuring satisfaction of the Conditions Precedent specified in Clause 4.1.2 or due to Force Majeure. For the avoidance of doubt, the Damages payable hereunder by the Concessionaire shall be in addition to the Damages, if any, due and payable under the provisions of Clause 4.3. 21.1.2 24.1.2 The Concessionaire shall, upon occurrence of Financial Close, notify the Authority forthwith, and shall have provided to the Authority, at least 2 (two) days prior to the Financial Close, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director of the Concessionaire, along with 3 (three) soft copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders.